Planning reform 8 th April 2014 CPRE / ChALC Middlewich

Planning reform Context NPPF Practice Guidance Local Plans – or planning by appeal? Neighbourhood Planning Associated changes Rhetoric!

Planning reform Presumption in favour of sustainable development Plans must meet objectively assessed needs (& positively seek opportunities) unless:- Adverse impacts significantly and demonstrably outweigh benefits Specific policies restrict development Decisions must: approve applications that accord with plan without delay Approve applications where plan is absent, silent or out-of-date, unless….

Planning reform Economic emphasis 8: “economic, social and environmental gains should be sought jointly and simultaneously” 17: “proactively drive economic development…every effort should be made…respond positively to opportunities for growth…” 19: “ensure the planning system does everything it can to support growth…significant weight…” Viability & market signals Local Enterprise Partnerships

Planning reform Brownfield “Encouraged” “…may continue to consider the case” 1.5 million homes potential! Guidance More encouragement - viability Local flexibility Warrington 80% target PINS interventions – discouraging Neighbourhood Plan scope

Planning reform Green Belt Planning applications – strong protection Government interventions Local transport infrastructure Community Right to Build Much greater pressure on countryside outside GB Local Plan development – encouragement to review (Government intervention?)

Planning reform Housing 5 year supply of sites that are Available Suitable Achievable Viable + buffer + backlog No 5 year supply = housing policies out of date & presumption applies Full, objectively assessed needs “…as far as is consistent…” (47)

Planning reform NPPF - Countryside, character, identity 17 - plans and decisions should “take account of the different roles and character of different areas, promoting the vitality of our main urban areas, protecting the Green Belts around them, recognising the intrinsic character and beauty of the countryside and supporting thriving rural communities within it;” 58 - “Planning policies and decisions should aim to ensure that developments... respond to local character and history, and reflect the identity of local surroundings …” 61 – “planning policies and decisions should address the connections between people and places and the integration of new development into the natural, built and historic environment.”

Planning reform NPPF – Design, local distinctiveness, quality 60 – “Planning policies and decisions should not attempt to impose architectural styles or particular tastes and they should not stifle innovation, originality or initiative through unsubstantiated requirements to conform to certain development forms or styles. It is, however, proper to seek to promote or reinforce local distinctiveness.” 64 – “Permission should be refused for development of poor design that fails to take the opportunities available for improving the character and quality of an area and the way it functions.” “In determining planning applications, local planning authorities should take account of… the desirability of new development making a positive contribution to local character and distinctiveness”

Planning reform Countryside protection, character, design… Existing Local Plan policies can still apply if ‘NPPF compliant’ – even without 5 year supply Adverse impacts capable of significantly and demonstrably outweighing benefits Sandiway, Cheshire W: Alsager, Cheshire E: Barnstaple, Devon: Seaton, Devon: Engine Common, Glos: Taunton, Somerset: Colne, Lancashire :

Planning reform Overall sustainability Access to services & facilities Public transport, walking & cycling Air, noise and light pollution Integration with existing development (part of the village or an “estate plonked on the edge”) Environmental impacts Climate change “It would be contrary to the fundamental principles of the NPPF if the presumption in favour of development in paragraph 14 applied equally to sustainable and non-sustainable development” Mrs Justice Lang, High Court, October 2013 (paragraph 37)

Planning reform Local Plans Still cornerstone of system: “applications for planning permission must be determined in accordance with the development plan, unless material considerations indicate otherwise.” (2) Vital to influence – strategic policies CWAC – Examination hearings 17 June – 4 July CEC – consultation deadline 25 April

Planning reform Neighbourhood Planning 1,000+ applied, 750+ approved, 75 published, 10 “made” 75% in south of England, 67% in rural areas Referendums - mixed turnouts, big majorities Major issues (14 successfully examined plans) Protecting places, facilities & features Securing developer contributions Allocating sites & reserves (prioritising brownfield) Setting development conditions, eg densities, types, rates, scales Promote sustainable, compatible economic growth Design standards and features Congestion reduction

Planning reform Neighbourhood Planning – perceived impacts 55% seek to resist new development  63% in rural areas Controversies Tattenhall JR – Local Plan absence (SEA, Examiner) (Winslow, Winsford & 50+% of potential plans!) Bermondsey, Wapping, Daws Hill – boundary disputes Littlehampton – policy conflict with Borough Council Developers ‘taking advantage of opportunities’ Weight given to emerging plans Committees vs Inspectors Guidance ‘clarifies’ – little weight before end of ‘publicity period’

Planning reform Community Infrastructure Levy Neighbourhood Fund Parish council Neighbourhood Plan = 25% uncapped, paid to Parish Parish council Neighbourhood Plan X = 15% capped at £100 / dwelling, paid to Parish Parish council X Neighbourhood Plan = 25% uncapped, local authority consults with community Parish council X Neighbourhood Plan X = 15% capped at £100 / dwelling, local authority consults with community

Planning reform Village Greens Any land on which a significant number of inhabitants of any area has indulged in lawful sports and pastimes, for 20 years, as of right. But… Trigger events preventing registration:- One year after ‘rights’ withdrawn Planning applications Local or Neighbourhood Plans Local or Neighbourhood Development Orders Transport and Works Act Orders

Planning reform Village Greens in the courts South Bank Undercroft – challenging refusal (September hearing) Walton-on-the Naze – challenging refusal Huddersfield and Weymouth – historical registrations overturned Thamesfield, Berkshire – application too late

Planning reform Local Green Space designation Designate through Local or Neighbourhood Plans “Very special circumstances” Reasonably close proximity Demonstrably special Particular local significance, (eg beauty, history, recreation, tranquillity, wildlife) Local in character, not an “extensive tract of land”. /

Planning reform Assets of Community Value Land or buildings with a use that furthers the wellbeing or interests of the community If offered for sale, community groups have: six weeks to submit a bid request six-months to prepare a bid Material consideration (NPPF 70) Overturned – Hampshire pub, Dorset playing fields

Planning reform Neighbourhood Development Orders & Community Right to Build NDOs can: apply to a specific site, sites, or wider geographical area grant planning permission for a certain type or types of development grant planning permission outright or subject to conditions. Allerdale – first NDOs in examination CRTBOs can: Support small-scale, community-led development Apply to one or more buildings Be undertaken by any community organisation χSlaugham – first CRTBOs rejected (for now!)

Planning reform Change of use – permitted development rights Agricultural buildings up to 450 sq m  3 dwellings, shops, offices, light industry, storage & distribution, cafes, hotels, leisure Offices  homes Offices, light industry, hotels, leisure, residential institutions  state-funded schools Temporary (two year) changes of use between business types χ(Article 4 direction)

Planning reform Useful websites NPPF Local plans cil_plans_and_strategies/planning_policy.aspx Neighbourhood planning Appeal decisions Guidance Planning Help & CPRE NPPF briefings

Planning reform Andy Yuille Senior Policy Adviser, CPRE North West